Bristow v Adams

[2011] NSWDC 11

District Court

New South Wales

Medium Neutral Citation:

Bristow v Adams [2011] NSWDC 11

Hearing dates:

7, 8, 9 and 10 June, 8 October 2010

Decision date:

24 March 2011

Before:

Levy SC DCJ

Decision:

1.Verdict and judgment for the defendant;

2.I will hear the parties on the appropriate order for costs;

3.The exhibits may be returned;

4.Liberty to apply on 7 days notice if further orders are required .

Catchwords:

TORTS - defamation - email resignation by employee distributed through employer's email server to co-employees and managers - defamatory content - hurt feelings - whether elements of the tort established - whether injury to reputation established - whether defences established; DAMAGES - assessment of damages for defamation; COSTS - application by plaintiff for costs against a non-party - former solicitor - procedural fairness requires notice and particulars

Legislation Cited:

Civil Procedure Act 2005, ss 62(1), 62(3)
Defamation Act 2005, ss 20, 25, 26, 28, 30, 31, 33
Evidence Act 1995, ss 61(2), 62, 71
Uniform Civil Procedure Rules 2005, r 7.29

Cases Cited:

Bristow v Adams [2010] NSWDC 64
Chase v Newspapers Limited [2002] EWCA Civ 17
Cohen v Daily Telegraph Ltd [1968] 1 WLR 916
Dow Jones and Company Inc v Gutnick [2002] HCA 56; 210 CLR 57
Hepburn v TCN Channel Nine Pty Ltd (1983) 2 NSWLR 664
Maisel v Financial Times Limited [1915] 3 KB 336
Mirror Newspapers Ltd v Fitzpatrick (1984) 1 NSWLR 643
Roberts v Bass [2002] HCA 57; 212 CLR 1
Sims v Wran (1984) 1 NSWLR 317
State of NSW v Deren [1999] NSWCA 22
State of NSW v Riley [2003] NSWCA 208; (2003) 57 NSWLR 496

Category:

Principal judgment

Parties:

Alan Bristow (Plaintiff)
Tracy Adams (Defendant)

Representation:

Mr B Goldsmith (Solicitor for the plaintiff until the close of evidence)
Mr M Duncan (Counsel for the defendant for final submissions)
Mr CA Evatt with Mr R Rasmussen (Counsel for the defendant)
Barrie Goldsmith (Solicitor for the plaintiff until the close of evidence)
Lyons and Lyons (Solicitor for the plaintiff for final submissions)
Stacks Goudkamp (Solicitor for the defendant)

File Number(s):

4259 of 2009 2009/337286

Judgment

Nature of case and background

1. The plaintiff, Alan Bristow, has brought these proceedings against the defendant Tracy Adams, a former co-employee at their former common place of work. The plaintiff was the defendant's former work supervisor. The defendant addressed her " I Quit " emailed letter of resignation to the plaintiff. It was also emailed to another manager in the company, and to two other branch offices of the company. As a consequence, by electronic means, that email was distributed to a number of other employees within the electronic communications network of the company, both in NSW and at the head office of the company in Queensland. The email in question contained remarks that were clearly disparaging of the plaintiff. The plaintiff claims that the email had defamed him.

1. The proceedings were the subject of an earlier interlocutory judgment. The claimed imputations were included…